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Resolution Number 03-12-02-02RESOLUTION NO. 03-12-02-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING PERMANENT EASEMENTS FOR SUBSURFACE SLOPE STABILIZATION STRUCTURES FOR THE TERMINAL NO. 3 RESERVOIR (ROGER BRUM, APN 650-511-03) (DRINO MILLER, APN 650-511-04) WHEREAS, the City of San Juan Capistrano owns and operates an existing 10 Million Gallon domestic water reservoir, Terminal Reservoir No. 2 (T2) located in the Mission Hills area of the City; and, WHEREAS, T2 has sustained structural damage due to differential settlement and requires replacement; and, WHEREAS, the design engineer, Camp Dresser and McKee, Inc., has recommended slope stabilization measures to allow construction of the replacement reservoir, Terminal Reservoir No. 3 (T3); and, WHEREAS, the recommended slope stabilization measures will include construction of subsur(ace slope stabilization structures; and, WHEREAS, these subsurface structures will encroach upon private properties; and, WHEREAS, owners of said private property have, upon request by the City dedicated the necessary easements at no cost to the City. NOW, THEREFORE, BE IT RESOLVED, on December 2, 2003, the City Council of the City of San Juan Capistrano, does hereby resolve, determine, and order as follows: SECTION 1. Replacement of T2 is required due to structural damage caused by differential settlement. SECTION 2. As recommended by the design engineer, Camp Dresser and McKee, Inc., construction of the replacement facility, T3 will require slope stabilization measures to be implemented at the project site. SECTION 3. The recommended slope stabilization measures will include construction of subsurface slope stabilization structures. 12-02-2003 SECTION 4. The required subsurface structures will encroach upon private properties owned by Roger Brum and Drino Miller. SECTION 5. The required permanent easements are hereby accepted from Roger Brum and Drino Miller. SECTION 6. The City Clerk is directed to forthwith -forward the easement documents to the Orange County Recorder's Office for recordation. ATTEST: PASSED,APPROVED,AND a CITY STATE OF CALIFORNIA COUNTY OF ORANGE )ss. CITY OF SAN JUAN CAPISTRANO 1, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 03-12-02-02 was duly adopted by the CV Council of the City of San Juan Capistrano at a regular meeting thereof, held the 2n day of December 2003, by the following vote: AYES: COUNCIL MEMBERS: Gelff, Bathgate, Swerdlin, Hart and Mayor Soto NOES: COUNCIL MEMBERS: None ABSTAIN: COU CIL MEMBERS: None �7-- -f� '/'� 71 j�AOGKRET R. MONAHAN, City Clerk 12-02-2003